CompFox AI Summary
The applicant sustained industrial injuries to his back and psyche, claiming a sleep disorder. The defendant sought to raise Labor Code § 3208.3(d), which requires six months of employment for psychiatric injury claims, but the WCJ initially denied this. The Appeals Board granted removal, finding the six-month rule can be raised at any time as it pertains to compensation payment, not jurisdiction. The Board amended the WCJ's order to allow the defendant to raise this issue at trial.
Full Decision Text1 Pages
The applicant sustained industrial injuries to his back and psyche, claiming a sleep disorder. The defendant sought to raise Labor Code § 3208.3(d), which requires six months of employment for psychiatric injury claims, but the WCJ initially denied this. The Appeals Board granted removal, finding the six-month rule can be raised at any time as it pertains to compensation payment, not jurisdiction. The Board amended the WCJ's order to allow the defendant to raise this issue at trial.
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